Allowed

Lal Bahadur v. State of U.P. Thru. Addl. Chief Secy. Home

Allahabad HC12 Apr 2024BAIL/3936/2024

Case brief

AI extract

What is this about?

Court allowed bail to the applicant arrested for offences under Sections 498-A, 304-B IPC and Dowry Prohibition Act. The single-judge bench relied on the hostile turn of the informant and the applicant's clean record to grant release on bond.

What did the court decide?

Release on bail on furnishing personal bonds and two sureties of Rs. 20,000 each with conditions of attendance and non-interference.

Lal Bahadur vs State of U.P. Thru. Addl. Chief Secy. Home — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43475

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3936 of 2024

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Applicant :- Lal Bahadur Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Counsel for Applicant :- Manmohan Singh,Dilip Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned for the applicant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the applicant around one year ago. Subsequently, the daughter was killed.

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Learned counsel for the applicant has drawn my attention to the post mortem report which indicates the cause of death as ante ante mortem hanging. It is further argued that during trial, the informant has turned hostile. The applicant is in jail since 22.6.2023 having no criminal history, hence the applicant may be released on bail.

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Learned A.G.A. opposed the prayer for bail.

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Considering the post mortem report coupled with the fact that the informant has turned hostile during trial and the fact that the applicant is in custody since 22.6.2023 having no criminal history, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant- Lal Bahadur be released on bail in FIR/ Case Crime No.274 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Gosainganj, District Sultanpur on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 19.6.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Lal Bahadur v. State of U.P. Thru. Addl. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

Lal Bahadur v. State of U.P. Thru. Addl. Chief Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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